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~ ~~~ I~~I~~II~II~~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 J Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13071 8663567 <br />FA%: 13031832~OIOG <br />February 25, 1997 <br />Mr. Anthony Blasi <br />38043 C.R. 32.4 <br />Trinidad, CO 81082 <br />I~~~~ <br />DEPARTMEIJT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. lochhead <br />Executive DRKIO! <br />RE: NEED FOR STATE RECLAMATION PERMIT o~rrh on Director <br />Dear Mr. Blasi: <br />Enclosed are copies of Rules 1.2 and 2.5 from the Mineral or Consttvction Materials Rules and <br />Regulations of the Colorado Mined Land Reclamation Board. To determine if you need a permit for your <br />proposed activity, first check Rule 1.2 which describes activities the Board has determined do not require <br />state reclamation permits. If you fmd a match, you can proceed based on your interpretation of the tole, <br />but at your risk. If you want to be sure or are uncertain how the Rule may apply to your activity, you <br />should follow the procedures described under Rule 2.5 and petition the Board for a Declaratory Order <br />exempting your activity from the requirement to have a state reclamation permit. <br />The Board has directed the Division to make a preliminary determination, regarding the petition and to <br />advise you of that determination. A determination by the Division, however, does NOT give you the <br />level of protection a Declaratory Order from the Board gives. If the Division is uncertain as to your need <br />for a permit, the Division will schedule a hearing before the Board for a Declaratory Order. <br />Please include in your petition answers to the following questions. These are some of the questions the <br />Board typically asks of petitioners for a Declaratory Order for a waiver from the requirement to obtain <br />a Mined Land Reclamation permit: <br />Please give the legal location of the proposed project and submit an index map [hat clearly <br />delineates the location of the proposed extraction site and the location of the nearest city, <br />town, etc. <br />2. Is the site of material extraction public or privately owned property? <br />3. What type(s) of material is proposed [o be extracted? <br />4. Will the extracted material be hauled offsite or used on the same parcel of property where <br />[he material is extracted? <br />5. What on site use will be made of [he extracted material? <br />6. If the material is hauled offsite, where will i[ be hauled and what is the intended use? <br />7. What is the approxin3ate areal extent of the proposed extraction in acres? <br />